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Chapter 91: Animal Care and Control

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Chapter 91: Animal Care and Control Fort Wayne, IN Code of Ordinances CHAPTER 91: ANIMAL CARE AND CONTROL Section General Provisions 91.001 Definitions 91.002 Provisions are supplemental to state and county laws 91.003 Schedule of Department fees Animal Care Rules and Regulations 91.015 Adequate shelter, water and food to be provided 91.016 Required grooming and care 91.017 Animal enclosures to be kept in sanitary condition 91.018 Removal of excrement 91.019 Domestic farm animal 91.020 Restraint of animals 91.021 Tethering of animals 91.022 Animal cruelty and animal hoarding 91.023 Animal fighting prohibited 91.024 Prohibited animal events 91.025 Poisonous bait 91.026 Animal abandonment 91.027 Trapping 91.028 Public nuisance animals 91.029 Animals as prizes or inducements 91.030 Dyeing or staining animals; animals as novelties 91.031 Vehicular injury to animals 91.032 Animals in vehicles 91.033 Lost or stray animals 91.034 Dog bite injuries; dangerous animals prohibited 91.035 Biting animals; incident report; procedure 91.036 Wild or exotic animals 91.037 Prohibited training methods 91.038 Destruction of animals 91.039 Dangerous wild or dangerous exotic animals 91.040 Habitual animal offender 91.041 Community cats Registration and Commercial Permits 91.050 Pet registration required; exception; tags; microchip implant 91.051 Application for registration or permits 91.052 Fees 91.053 Denial or revocation of permit; appeal 91.054 Kennel/cattery permits 91.055 Major breeders permit; sale of underage puppies/kittens prohibited 91.056 Minor breeders permit; sale of underage animals prohibited 91.057 Veterinary hospitals/clinics 91.058 Grooming establishment 91.059 Pet shop permit 91.060 Circus; animal concession and animal event 91.061 Zoological parks 91.062 Permit exemption Dogs and Cats; Specific Requirements 91.075 Rabies vaccination required; tags 91.076 Dogs or cats in heat 91.077 Noisy dogs 91.078 Sale of puppies and kittens Destruction of Animals 91.090 Substances permitted for use 91.091 Person authorized to destroy animals 91.092 Confirmation of death prior to disposal 91.093 Funding Administration and Enforcement 91.105 Directors of Public Safety and Department; Commission 91.106 Interference with enforcement 91.107 Impoundment; redemption 91.108 Inspections 91.109 Disposition of money Rental Horses 91.120 Definitions 91.121 Permit and requirements 91.122 Stable requirements 91.123 Regulations 91.124 Exemptions from other permitting requirements 91.999 Penalty GENERAL PROVISIONS § 91.001 DEFINITIONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCEPTABLE IDENTIFICATION. Tags or microchip registered locally or nationally and containing sufficient information to contact the animal's current owner. ADEQUATE SHELTER. For animals excluding domestic farm animals, a structure designed specifically to shelter an animal that allows an animal to maintain its body heat, with a roof, solid floor, three leak-free sides with no openings to the elements, and a fourth side that provides access in and out of the structure but otherwise protects the animal from the elements. The structure shall be located in a dry area allowing the animal to remain dry with access outside the structure to mud free, dry ground. For domestic farm animals the structure shall consist of three sides and a roof that is specifically designed to protect domestic farm animals from the elements. The foregoing shall not apply to a person providing shelter for a community cat. ALTERED ANIMAL. An animal that has been surgically sterilized to prevent procreation. ANIMAL. Any living vertebrate, domestic or wild, except a human being. ANIMAL CONCESSION. Any activity which makes an animal available for hire or display for compensation. ANIMAL EVENT. Exhibition, presentation, or other planned activity involving the gathering of wild, exotic, and/or domestic animals in a public or private venue. ANIMAL FIGHTING PARAPHERNALIA AND ACTIVITIES. Equipment, and/or items used to train or condition animals for participation in animal fighting activity or materials which promote animal fighting; the breeding of animals for the express purpose of fighting; the training of animals for fighting; or the tracking of animal fighting results; or the production of materials promoting or supporting betting or gambling on animal fighting. ANIMAL HOARDER. Any person who: (1) Possesses eight or more animals; and (2) Fails to or is unable to provide adequate food, potable water, and/or sanitary environment as provided in § 91.015; or (3) Keeps the animals in an overcrowded environment; and/or (4) Exhibits material disregard for the conditions under which the animals are living and the harmful impact they have on the health and well-being of the animals. ANIMAL WELFARE ORGANIZATION. A non-profit entity duly organized and existing under applicable state law whose mission is to prevent cruelty to animals, rehome animals, or otherwise promote the cause of animal welfare through legitimate activities approved by the Department. ATTACK. The exhibition by an animal of aggressive behavior, including, but not limited to: snarling, biting, baring teeth, chasing, growling, snapping, pouncing or lunging. AUCTION. Any facility or location where animals are regularly purchased, sold or traded, excluding those facilities otherwise defined in this chapter or by state law. BREEDER. Any person who intentionally or accidentally allows the breeding of a cat or dog or makes a cat or dog available for breeding purposes, or any person who advertises or offers for sale, sells, trades, receives compensation for, or gives away any litter of puppies or kittens, excepting a litter of puppies or kittens relinquished to the Department. CATTERY. A person engaged in: (1) Keeping more than one unaltered cat or more than seven cats, whether or not altered; or (2) The business of boarding cats for compensation. CIRCUS. A commercial performance of acts for public entertainment which includes performances by animals. CITY. The City of Fort Wayne, Indiana COMMISSION. The Animal Care and Control Commission which is comprised of five appointed individuals who provide advice to the Directors of Public Safety and the Department on policy and financial matters affecting the Department. COMMUNITY CAT. Any outdoor free roaming cat that has been evaluated and sterilized by a licensed veterinarian, ear tipped, vaccinated for rabies, microchipped, documented with the Department and released back into the area from which it was captured. COMMUNITY CAT PROVIDER. A person who provides food, water, shelter or otherwise cares for community cats and satisfies the Department's community cat provider administrative rules and the requirements of § 91.041. A person so identified by the Department shall not be considered the owner or harborer of a community cat. DANGEROUS WILD or DANGEROUS EXOTIC ANIMAL. A wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety including but not limited to bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal. DEPARTMENT. The Department of Animal Care and Control is a department of the city established to manage, control, care for, process and make disposition of animals in the city, pursuant to this chapter. The Department is managed by Department Director under the direct supervision of the Director of Public Safety. DOMESTIC FARM ANIMAL. Calves, cattle, emus, goats, horses, ponies, llamas, ostriches, poultry, sheep, pigs or porcine of any variety including Vietnamese pot bellied pigs, and similar animals (pigeons shall not be considered to be domestic farm animals). DIRECTOR. The Director of the Department. EAR TIPPED. The straight-line culling of the tip of the left ear of a cat while it is anesthetized. FREE ROAMING CAT. Any cat not restrained and without acceptable identification. GROOMING ESTABLISHMENT. A commercial operation engaged in the business of bathing, clipping, plucking, or grooming animals. HABITUAL ANIMAL OFFENDER. Any owner or harborer who, within any three-year period, is convicted of three or more violations of this chapter. The controlling date is the date of each violation and not the date of the subsequent plea or conviction. HARBORER. Any person who knowingly confines or provides food, water, care, or shelter for a domestic animal. KENNEL. A person engaged in: (1) Keeping more than one unaltered dog or more than five dogs, whether or not altered; or (2) The business of boarding or training dogs for compensation. MICROCHIP IMPLANT. A passive electronic device that is injected into an animal by means of a pre-packaged sterilized implanting device to identify and/or assist in the recovery of such animal by its owner. MICROCHIP READER. An electronic device that detects an implanted microchip. OWNER. A person who owns or has ownership or custody rights for an animal or who harbored such animal for more than 30 days on or about any premises owned or occupied by such person. PERSON. An individual, group of individuals, firm, business, partnership, association, corporation, limited liability company or other entity. PET. Any animal owned or harbored by a person, except service animals, police dogs, or canine governmental dogs. PET SHOP. (1) Any commercial operation, excluding a licensed cattery, kennel, or breeder,
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